ARUSHA-(MaraviPost)-The African Court on Human and Peoples’ Rights (AfCHPR) in Arusha, Tanzania, has this morning dismissed a case filed by Misozi Chanthunya who was sentenced to life imprisonment in 2020 for murdering his Zimbabwean girlfriend Linda Gasa.
A 10-member-judge panel, with its 11th member Lady Justice Tujilane Chizumila excused to leave the bench when the judgement was being delivered as she is a Malawian, found out that the Malawi Government did not violate the rights to a fair trial of Chanthunya.
Chanthunya, apart from his request to the Court to make declarations that his rights to a fair trial were violated, also wanted to be paid compensation and get released from prison, but the Court declined to make such declarations.
Lawyers Neverson Chisiza and Francis MacJessie, from the Attorney General Chambers, represented Malawi during the delivery of the judgement.
On Friday 4 September, 2020, the High Court sitting in Zomba passed its final determination on one Misozi Chanthunya, who gruesomely murdered his mistress, Linda Gasa, a decade ago. The verdict has come this far, surely, because of the shenanigans of the fugitive Chanthunya and the genuine adjournments of the matter within Malawi’s judicial system.
Chanthunya planned to eliminate Linda’s life when she never bowed down to his idea of aborting a pregnancy she got from him through their short lived relationship. By then Linda, who was 25 year old, was just a student at the Malawi College of Accountancy (MCA), Blantyre Campus. Through that illegal abortion, Chanthunya only wanted to keep his reputation to his wife and the society clean.
But what he swiftly became oblivious of was the fact that removal of unborn life; legally or illegally, is biblically sinful and Linda was well aware of that and other post abortion complications, that is why she never succumbed to the inhumane idea.
Out of love for her man friend, she could accept some abortion inducing pills he gave her but she never dared take them for the very fears of the aftermaths of termination of a pregnancy.
Whilst Linda was delaying the process with hope that Misozi would sober up and accept the situation positively and let life continue, the latter felt time was fast running towards his final betrayal and so it was time to clear the abominable shame off his face.
As he was busy executing his ‘smart’ plans, the law was just lying somewhere nearby salivating for his wickedness. Time too knew pretty well it would be nigh too soon for him to answer for the ‘deed’. There is indeed no secret under the sun! It may take a century, but one day, whatever is in the hole-and-corner will certainly come out of it! Chanthunya managed to run and hide but failed to escape.
When the law finally caught him napping, it pulled him home, the court, and found him with three counts to answer: perjury, hindering the burial of a dead body and murder. It is at this point that Chanthunya woke up from his demon induced slumber and realised that you can deceive all the people all the times, but you cannot cheat some people sometimes!
The court proceedings through witnesses revealed that Linda breathed her last in August, 2010 at Chanthunya’s Mwala Lodge in Mangochi. It was further disclosed that when Chanthunya accomplished his master plan, he, with the help of extra manpower, managed to bury Linda’s body underneath the bathroom in one of the rooms of the lodge. Alas! How he surely forgot the supernaturalness of human blood!
Consequently, the court slapped him with life imprisonment as his penance for his gruesome act. He will spend the rest of his life behind bars. Yes, it is no deniable fact that as entrepreneurial as he was, his imprisonment is a deprivation of his contributions to the development of the country. On the contrary, his killing of Linda meant that she was also prematurely halted from contributing to the development Malawi and Zimbabwe (where she naturally belonged) through professional skills that she was acquiring from MCA. So, Malawi’s development is now losing twice here.
Well, were all factors constant by this day, Linda would be 35 years old; perhaps a wife to some gentleman and a mother too. However, that right to the terminated life and those of the posterity out of her were unconsciously trampled upon by one human turned animalistic being. How miserable!
It is now ten years that Linda kissed the dust unnaturally leaving relations, friends and acquaintances wondering and imagining how her soul was squeezed out of her body!
Gratuitously speaking, the court has consoled Linda’s sympathisers. It may not be a 100 percent consolation, but at least justice has finally run down the rightful course and it has portrayed the real picture of an animal without a spirit in Mr Chanthunya. Continue resting, Linda!
BLANTYRE-(MaraviPost)—High Court in Zomba has convicted Misozi Chanthunya after finding him guilty of murdering Zimbabwean girl, Linda Gasa, in 2010.
Reading a judjement, Judge Ruth Chinangwa said Chanthunya was responsible for the death of Gasa at his family’s private cottage in Monkey Bay, Mangochi, where the body was found entombed under concrete.
Chanthunya, who fled to South Africa before he was extradited back to Malawi a few years ago to answer the murder charges, is allegedly to have been in a serious relationship with the Zimbabwean girl who was by then studying at Malawi College of Accountancy.
During the court’s proceedings, the State’s first witness, Jessie Kachale, told the court that she last spoke to the deceased on August 4 2010 at around 6pm.
She told the court that Gasa was her sister-in-marriage.
However, Kachale lined up the events that happened between the day when the deceased went missing to her burial day.
On or about the 4th of August 2010 Linda Gasa was murdered at the hands of Mr. Misozi Chanthunya
Among other things, the witness told the court that police assisted them to discover the body of the late Gasa.
Kachale, who was in tears, also said that Gasa’s body was buried in Zimbabwe and it was in a decomposed state.
Judge Chinangwa is expected to sentence Chanthunya next week Wednesday.
I am the spokesperson for the Gasa family. We have largely kept away from the media, waiting for the matter to run its course. We have noted with dismay the delays, the provision of bail for a known fugitive from justice and now his application for a stay of trial. This cannot be so.
We have waited patiently for justice to prevail. We have drafted an open letter to Judge R. E Kapindu expressing our views. We would like this circulated far and wide, that we do not forget 2 lives were lost in this tragedy. Allowing Misozi to walk away would be a travesty of justice. We would appreciate it if you could also bring pressure to bear.
Open Letter to Judge R.E Kapindu, PHD:
On or about the 4th of August 2010 Linda Gasa was murdered allegedly at the hands of Mr. Misozi Chanthunya
On or about the 4th of August 2010 Linda Gasa was murdered allegedly at the hands of Mr. Misozi Chanthunya. At only 26 years of age she was at the prime of her life, having just finalised her studies at the Malawi College of Accountancy. The very day she was due home she met with her gruesome death. Little did we know that her home coming would be after such a brutally tragic ending to her young life? To Justice R. E Kapindu, PHD the details of this matter before you, we are sure you are well versed in.
As a brief recap, Linda Gasa, a Zimbabwean studying and living in Malawi, was brutally murdered in Monkey Bay, Malawi. The cruelty and subsequent pain and trauma she endured, is beyond comprehension. The act of having one’s life taken away from you, by some-one who was meant to love and protect you, we just cannot understand. The cruel intent and the viciousness with which this brutal murder was carried out, makes one shudder. To poison, stab and then evacuate Linda’s womb and then entomb her in one’s holiday home, is an indication to us that this is the deed of an absolute monster who has no regard for human life.
The lengths gone to, just to try and dispose of her body, digging a grave and failing to go deep enough as the earth was to rocky, trying to throw her overboard, but the waters were too rough and this couldn’t be done! In death Linda refused to cast away like some used up rag doll, but fought back and made sure she was taken home. The coward that he is, Misozi fled and tried by all means to evade the long arm of the law. As it stands we believe that: – the murder was pre-meditated; her visit to Monkey Bay was for the express purpose of killing her and the unborn child.
There was motive (the pregnancy);
it was committed in the most inhumane way possible;
the accused has no remorse in that he lied and tried to cover up his deeds.
what boggles our minds up to today is that Misozi has not sent a word of condolence to any member of the Gasa family let alone her parents. Rather, he left this for his father to do. It is ironic that Misozi Chanthunya, fled justice fearing the death penalty if found guilty, yet felt absolutely no remorse taking the life of Linda Gasa. He fled knowing full well that he was a wanted fugitive from justice. It took a whole two years to capture him and a further four years to bring him to trial in Malawi. All the while he was seeking assurances that he would not be hung if found guilty by a court in Malawi, an assurance he was given, yet he persisted to abuse the justice system in South Africa by appealing extradition.
To claim that he was unaware that he was wanted by the police in Malawi and INTERPOL when his entire family there knew, is yet another blatant lie. Particularly so after his wife who knew that he was wanted, joined him in South Africa. Are we to believe that she never told him about being wanted by the police? This application for stay of trial is yet a further slap in the face for those that loved Linda, reopens wounds that have been struggling to heal and is an affront to justice.
The arrogance of this man knows no bounds. In our view we would be failing Linda, failing the good people of Malawi and making a mockery of the justice system if this application succeeds. We cannot fathom as to what Misozi could possibly say that could bring a halt to his trial. He has the luxury to defend himself, a right he denied Linda. We are aghast at the fact that Misozi Chanthunya was even granted bail, this is a man who fled justice, and tried by all means to evade extradition.
Lest we forget Judge Esmie Chombo had to recuse herself from the bail hearing as she was receiving death threats. We believe he manipulated the police into bungling the matter prior to his departure from Malawi and had border officials colluding with him to the fact that Linda Gasa had gone through the border.
This is a dangerous man with no regard for the law, the sanctity of human life or anything or anyone else but himself. It would be unforgivable for this murderer to walk away scot free after such a heinous act. Linda was a reserved child that barely made ripples. She went about life in her own quiet unassuming way. She came from a family that loved and cherished her and would only want the best for her. All her dreams and aspirations were extinguished on the 4th of August 2010. With her passing a link in the family chain was broken, never to be the same again. Her loss has brought unbearable pain to the family, bringing this matter to trial and finality is only but a step in bringing this chapter to a close for the family.
We have waited nine long years to see justice being done, please do not deny us, and deny Linda, the chance at Justice.
Our only desire is that justice must not only be done, but must be seen to be done. We write this open letter for no other purpose but to finally get justice for Linda Gasa. A young life taken so brutally and without any provocation whatsoever. It has been nine long years to get us to this point, please do not let the waiting have been in vain, please allow us to have the justice Linda deserves.
BLANTYRE-(MaraviPost)-The murder suspect and long-time fugitive from justice, Misozi Chanthunya, returns home tomorrow from South Africa as part of his extradition agreement.
This follows last week court determination that Chanthunya lived up to his word; withdrawing all applications against the extradition process which the South African Minister of Justice had ordered in 2012 after Chanthunya was declared a fugitive from justice by Malawian court.
Chanthunya is accused of killing his ex-girlfriend, 25-year-old Linda Gasa in 2010. Gasa was a student at College of Accountancy Blantyre campus.
Chanthunya fled the country and was arrested in South Africa by South African authorities in 2012.
The murder suspect has been fighting his extradition in South African courts since but last week he withdrew his objection and agreed to be extradited to Malawi.
Chathunya is expected to touch down at Kamuzu International Airport (KIA) in Malawi’s capital city Lilongwe, at 4.30 pm, Ministry of Justice and Constitutional Affairs, Pirirani Majamanda confirmed to Nation Newspaper.
“I can confirm that Mr. Chanthunya arrives in the country tomorrow (Thursday),” he said.
Previously, Chanthunya’s lawyers had cited the country’s continued retention of the death penalty for murder cases on its statutes as one of the reasons he opposed his extradition but the court also ruled against his objections during last week’s hearing.
While still in South African prison, Chanthunya launched a bid to get bail through the Malawi High Court.
However, the bail application hit a snag after a judge in the case, Justice Esmie Chombo, recused herself from the case citing “phone calls” she had received in connection to the case.
The judge did not indicate whether the calls were threats or an attempt to influence her handling of the case.
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